Introducing the new UK points-based system (PBS) Tier 2, now in effect
By Andrea Elliott, BA, LLB, Senior Counsel (Foreign), Pro-link GLOBAL Group Limited, Andrea.Elliott@pro-linkglobal.com and Rhonda Zimmer, Communications Specialist, Pro-link GLOBAL Group Limited, Rhonda.Zimmer@pro-linkglobal.com.

As of November 27, 2008, the UK Work Permit system has been replaced with the new UK Points-Based System (PBS) (Tier 2). As part of this new process, the PBS has the employer (sponsor) now issuing the Work Permits (Certificate of Sponsorships). This involves greater scrutiny by the Home Office UK and businesses will have an increased responsibility and accountability as sponsors.

Additionally, the second part of the process which is the Entry Clearance Visa process at the UK High Commission abroad, is now entirely points-based and approval is based on a complex list of criteria. Should you intend to employ people who are not nationals of the European Economic area (EEA), it is now imperative that your UK-based company apply to the Border & Immigration Agency for the Points-Based Sponsorship license.

In Summary:

The PBS's intention is two-fold:

1) To assist UK businesses in recruiting the skills necessary from abroad; and,
2) To provide assurance to the UK public that only skilled employees will be able to enter the UK after passing a points-based evaluation.

Key Highlights of Old and New Systems:

Work Permit In Country Extensions (the old system):

Under the old system, the Home Office issued the work permits.

Under the new Points Based System the employer (sponsor) is now issuing the Work Permits (Certificate of Sponsorships). This involves greater scrutiny by the Home Office than ever before since 1971 and means that on-site visits by Officers will be part of the process.

UK businesses will now possess an increased responsibility and accountability in ensuring that as sponsors they comply with the requirements: If the UK Border and Immigration Agency believes a
sponsor does not have the relevant processes and procedures in place to ensure absolute UK Immigration Compliance, their sponsorship license will be revoked.

Entry Clearance Visas - Consular Applications (New PBS Tier 2):

Under the old system, the Entry Clearance Visa was a Consular Visa application based on the approved work permit.

Under the new Points Based System, the Entry Clearance Visa process will be entirely points-based.

This means that in contrast to the old system where the approval of the Work Permit was the cornerstone of the issuance of the Visa, now the Visa is approved-based on a far more complex list of criteria, of which having a Work Permit or Certificate of Sponsorship is only one of many attributes that are required in order to obtain the required score of 75 points or more.

An example of this major difference is now the applicant is required to provide ORIGINAL evidence of a University Degree in addition to proving that s/he can speak English. A test held by an independent Third-Party company will be the benchmark for proving English language ability if the applicant is not from one of 10 designated English-speaking countries.

In-Country Extensions (New PBS Tier 2):

Under the old system, the extension process was a two-step process.

Under the new PB systems, the employer (sponsor) will issue a Certificate of Sponsorship for the additional period required. An extension application will be filed with the UKBA; processing times take up to 4-14 weeks with a turnaround target of 6 weeks.

Please note that the principal applicant and their dependants will be without their passports during this period - a marked change from the old system that permits Fast-Track applicants to have their passports back in their hands within a few days.

The UKBA hopes to have the Fast-Track procedure in operation for Tier 2 applicants by early 2009 (February /March at the earliest).

Important Fast-Track Information:

Employees who have been approved for a work permit extension should be able to use the Fast-Track system until early 2009.
The Fast Track procedure will be unavailable during the holiday season. Tier 2 applicants should process their extensions as soon as possible, as there will be little opportunity to expedite applications throughout the holidays.

Gathering Data Internally:

It is essential that HR evaluate carefully their intake policies for on-boarding and off-boarding employees, determine whether or not there are different payroll systems, separate HR records and functions, and in general put in place all processes necessary to confirm an employee's right to work. This should be done prior to choosing a Level 2 User.

Expectations of the Employee:

Stringent regulations are required by the employee such as showing proof of monies in bank accounts and/or obtaining an A-rated sponsorship.

Fundamental Principle and Call to Action:

The UKBA decided that those benefiting most from hiring employees from other countries (e.g., employers, educational institutions and other bodies), should play their part in ensuring that the system is not abused; hence, it became inevitable that the spotlight on these groups would intensify. If a sponsor does not take heed to this shift in responsibility and comply appropriately to the UKBA's specified processes and procedures, their sponsorship license will be rescinded and the employee will lose his/her right to work.

If you have an existing work permit that requires renewal under the new Tier 2 System, you need to apply immediately as the Fast track procedure will be unavailable, regardless of any urgent requirements throughout the busy holiday season.

Please contact your global immigration provider to ensure your company is in compliance. Should you require further information or assistance, feel free to email us at info@pro-linkglobal.com or call us at +1 941 761 1495.

Source:http://www.acs-alumni.co.uk/page.cfm?p=344